SERVICE DESCRIPTION

Optus Satellite Business Services

This Service Description forms part of the Agreement under which Optus supplies the Service to you.

Rules of interpretation and capitalised terms which are used in this Service Description are defined either in the General Terms or in the attached Dictionary.

Some important information about the Service:

Service Options / 1Satellite Service Options
  • SatWeb 1-Way
  • SatWeb 2-Way
  • SatData

Optus company supplying the Service / Optus Networks Pty Limited (ABN 92 008 570 330)
  1. THE SERVICE
  2. Optus will provide, and you must acquire, the Service in accordance with the Agreement for at least the Committed Term and any Holding Over Period.
  3. Optus will supply the Service with the Service Options you specify in the Application.

1.3Subject to paragraph 1.4, Optus will continue to Supply the Service to you from the expiry of the Committed Term.

1.4Either party may cancel:

(a)the SatWeb 1 or 2 Way Private Services, and the SatData Private Service effective on or after the expiry of the Committed Term for the relevant Service by giving at least 90 days prior written notice; and

(b)any other Service effective on or after the expiry of the Committed Term for that Service by giving at least 30 days prior written notice,

to the other party.

1.5Subject to clause 15 of the General Terms, if either party cancels the Service for any reason during the Committed Term, you must pay Optus the Cancellation Fee and any other outstanding charges.

  1. SERVICE DESCRIPTION
  2. The Service is:

(a)in the case of Satellite Service Options, a communications service provided via Satellite that allows users with VSATs situated within the Optus Satellite Footprint in Australia and New Zealand to:

(i)receive data via Satellite (SatWeb 1-Way); or

(ii)receive and send data via Satellite (SatWeb 2-Way or SatData),

where the data conforms to TCP/IP format and protocol conventions including Internet content, based on Service Feature selected; or

(b)in the case of the other specialised Satellite Service Options, a billing service that is used:

(i)to rate your services and provide you with details of your usage; and

(ii)to rate your Customer Associates usage according to your tariffs and produce tax-invoices on your behalf (Bureau Billing).

  1. SERVICE PROVISION: SERVICE FEATURES
  2. You must select a Service Option in the Application. In relation to that Service Option, you must select at least one Service Feature in the Application. Optus will provide the Service to you based on those selections.
  3. In the Application, you may select one or more of the following Service Features in respect of the SatWeb 1 and 2 Way services.

(a)SatWeb Internet Access

SatWeb Internet Access provides broadband access to the Internet. This feature utilises shared bandwidth on the Optus Satellite. User performance at any point in time is dependant on the number of other subscribers concurrently using the Service and the level of network traffic. This service feature does not include a public IP address.

(b)SatWeb Advance Service (also sold under the name “NetAccess Satellite”)

The SatWeb Advance service provides broadband access to the Internet and also includes a public IP address as standard. This service feature utilises shared bandwidth on the Optus Satellite and is designed for customers wishing to extend their Intranets without the expense of dedicated bandwidth. User performance at any point in time is dependant on the number of other subscribers concurrently using the Service and the level of network traffic.

(c)SatWeb Private

SatWeb Private is for those customers requiring dedicated satellite bandwidth, which is scaled to meet their requirements in terms of the number of sites and data speeds. SatWeb Private is a satellite-carriage-only service and must be combined with a terrestrial connection from the BOC to some other location, or the Internet.

(d)SatStream Rapid File Distribution

SatStream Rapid File Distribution (RaFiD) is a shared service feature that enables the high speed delivery of electronic content to a community of interest. RaFiD can be used for database updates, software downloads, MPEG distribution, local store and forward services. Content is transmitted to your local PC.

3.3In the Application, you must select one of the following Service Features in respect of the SatData Service. Optus will provide the Service to you based on those selections.

(a)SatData Private

SatData Private provides you with dedicated bandwidth and is available at various data rates. It is a satellite-carriage-only service and must be combined with a terrestrial connection from the BOC to some other location. SatData Private does not include Internet access as part of its standard offering. For an additional charge, Optus will provide you with access to the Internet. The bandwidth allocated for Internet access is matched to the amount of Service bandwidth purchased by you. This Service does not include a content filtering service.

(b)SatData Private - Reservation

SatData Private – Reservation enables you to obtain dedicated bandwidth as and when required, subject to bandwidth availability. You may book the bandwidth by contacting the Optus reservation desk, on the number provided to you by Optus, one Business Day in advance of the booking (Scheduled Booking). At the time and for the duration of the Scheduled Booking, Optus enables you to access the bandwidth that you have booked.

  1. SERVICE INSTALLATION
  2. Optus will install the Purchased Equipment at the Location.
  3. You acknowledge that:

(a)Optus may need to make physical modifications to the Location and open your Equipment in order to perform the installation; and

(b)the installation may invalidate any warranty in relation to your Equipment.

4.3Any Loss you suffer arising from the installation is your risk and not Optus' risk and you will release Optus from all liability it may have to you in relation to such damage.

4.4Optus may charge you an additional charge for any non-standard installation or re-installation.

4.5You indemnify Optus against any Claim made against Optus by another person in connection with Optus’ performance of the installation.

4.6If you plan to move to a new Location, you must provide Optus with at least 30 days prior written notice of your new address before you move.

4.7If the new Location is within the Optus Satellite Footprint, Optus may agree to install the Service at the new Location at an agreed time. Optus will charge you a Relocation Fee, and you must continue to pay the Monthly Charges for the Service even if the Service is temporarily unavailable because of your relocation.

4.8Optus is under no obligation to return the Location to its original condition (make good) after the Service is cancelled (for example, by removing wall sockets Optus has installed).

  1. SERVICE CHARGES
  2. You will be charged for the Services from the Service Start Date.
  3. The Charges for the Service will depend on:

(a)the Service Option and Service Features selected by you in the Application; and

(b)whether you modify the Service or cancel the Service at any time.

5.3The Charges for the Service are fixed for at least the Committed Term. Optus may vary those Charges from time to time after the expiry of the Committed Term by giving you at least 30 days prior notice.

5.4If you exceed the amount of data allotted under your Service Plan, you must pay an Excess Data Charge.

  1. INVOICING

6.1Despite clause 5 of the General Terms, Optus will invoice you:

(a)subject to paragraph 6.1(b), for the Charges for the Service:

(i)monthly in advance for all Monthly Charges; and

(ii)monthly in arrears, for any usage (Excess Data Charge) and/or One-Off Charges other than the Installation Charge which shall be dealt with pursuant to paragraph 7.1 of this Service Description.

(b)on the Service Start Date:

(i)in advance for the first 2 months of Monthly Charges; and

(ii)any One Off Charge set out in the Application.

6.2You must pay all Charges for the Service within 30 days of the date of invoice.

6.3Each invoice issued or made available to you will detail:

(a)Subject to clause 6.5 of the General Terms, the Charges payable less any Service Credits arising from the previous month; and

(b)GST payable.

  1. PURCHASED EQUIPMENT
  2. You must:

(a)purchase the Purchased Equipment from Optus for the price set out in
Application;and

(b)pay the Installation Charge for that Purchased Equipment,

on delivery or as agreed by the parties.

7.2You are solely responsible for the operation, repair and Maintenance of the Purchased Equipment subject to any maintenance agreement with Optus or other Optus nominated third party.

7.3The Installation Charge depends on the Locations and includes the costs of cabling and labour.

7.4The Installation Charge does not include:

(a)installation at a Location that is not listed in the Application;

(b)non-standard Installation (Optus reserves the right to charge a non-standard Installation Charge for non-standard installations);

(c)any modification of your PC to make it comply with the specifications in this Service Description;

(d)any operating system upgrade; or

(e)LAN software configuration.

  1. YOUR EQUIPMENT
  2. You are solely responsible for ensuring that your Equipment complies with the specifications set out in this Service Description. If your Equipment does not comply with these specifications you may not be able to successfully access, operate or use the Service and you may be refused assistance by the Help Desk.
  3. You must ensure that your Equipment does not cause Interference is installed and connected to the Purchased Equipment, only in the manner directed by Optus.
  4. Optus may lease or arrange equipment to be leased to you (Leased Equipment) that would otherwise be Purchased Equipment. Any Leased Equipment remains the property of the relevant lessor pursuant to the terms and conditions of the applicable lease. You must at all times comply with the terms and conditions of the lease for the Leased Equipment.
  1. OPERATIONAL ISSUES
  2. You must provide, on request from Optus, details of the location of any Optus Equipment or Leased Equipment that is in your possession or control.
  3. If you request Optus to route traffic to a specific TCP/IP address, then Optus may, in its absolute discretion, agree to your request. In the case of private IP addresses (or private networks), Optus will discuss your requested address range with you to determine whether your request can be accommodated within the Optus Network. Optus may charge you an additional charge for this consultation.
  4. Optus manages the allocation of all Services on all Satellites. You must comply with any specific operating conditions as advised by Optus from time to time. Compliance with these operating conditions may impact on your use of the Service. For operational reasons, you must advise Optus immediately of any variation in your use of the Service. You acknowledge that if Optus relocates a Service it may not be possible to duplicate all of the previous operating characteristics.
  1. YOUR ACKNOWLEDGEMENTS AND OBLIGATIONS IN RELATION TO THE SERVICE
  2. You acknowledge that the provision of the Service is subject to bandwidth availability.
  3. You may not re-supply the Service to any person, including Customer Associates without the written consent of Optus.
  1. OBLIGATIONS IN RELATION TO REGULATIONS

The Parties must:

(a)obtain and maintain in good standing all relevant Licences; and

(b)ensure that all Customer Associates (in the case of you) and all Optus Associates (in the case of Optus) are at all relevant times duly Licensed.

  1. OBLIGATIONS IN RELATION INTERNET ACCESS
  2. In using the Service, you must:

(a)comply with the Acceptable Use Policy;

(b)ensure that the software you use in relation to the Service is properly licensed;

(c)comply with any rules imposed by any third party whose content or services you access using the Service or whose network your data traverses; and

(d)not infringe any person's intellectual property rights (such as by using, copying or distributing data or software without the permission of the owner).

12.2You acknowledge that the Service relies for its operation on content or services supplied by third parties, who are not controlled or authorised by Optus.

12.3Optus does not exercise any control over, authorise or make any warranty regarding:

(a)your right or ability to use, access or transmit any content across the Internet (whether error-free, in time, or at all) using the Service;

(b)the availability, response times or other characteristics of the Service, except as set out in any service levels but subject to clause 16 of the General Terms;

(c)the accuracy or completeness of any content which you may use, access or transmit using the Service including, without limitation, any data which Optus may cache as part of the Service;

(d)the consequences of you using, accessing or transmitting any content using the Service, including without limitation any virus or other harmful software; or

(e)any charges which a third party may impose on you in connection with your use of the Service.

12.4You release and discharge Optus and each Supplier from any Loss, cost, liability or damage incurred or suffered by you which arises from or is connected with the matters referred to in this paragraph 12whether arising as a result of any act, omission or negligence of Optus, a Supplier or otherwise.

  1. SYSTEM RECONFIGURATION
  2. Optus may from time to time modify or vary the System including by:

(a)modifying or varying the frequency of the Service;

(b)relocating the Service to another part of the same Transponder;

(c)relocating the Service to another Transponder (whether or not on the same Satellite and, in the case of a different Satellite, whether or not that Satellite is in the same orbit location as the original Satellite);

(d)removing a Satellite from the System;

(e)relocating a Satellite from one orbit location to another;

(f)varying the orbit characteristics of a Satellite;

(g)replacing a Satellite; or

(h)introducing New Technology.

13.2Optus will:

(a)give you as much notice as is reasonably practicable concerning the timing, technical details of and reasons for any System Reconfiguration; and

(b)provide to you all reasonable assistance you require to determine what adjustments or modifications to your Equipment are required as a result of a System Reconfiguration.

13.3Optus excludes liability to you for, and you indemnify Optus against, any and all Loss suffered or incurred by you or any Customer Associates as a result of a System Reconfiguration, including Loss in connection with any replacement of or adjustments or modifications (including repointing) to your Equipment or Consumer Equipment, regardless of the cause of the Loss (including where caused or contributed to by any one or more negligent acts or omissions of Optus or any Optus Associate).

  1. SERVICE RESTORATION AND SERVICE CREDITS
  2. This paragraph 14 sets out the procedures and principles that apply to restoration and discontinuance of Optus Satellite Services where one or more Optus Satellite Services fails to meet its or their Key Performance Indicators. For these purposes, the System is regarded as a single system of Transponders carried on several Satellites at nominated orbit locations, it being recognised that some Optus Satellite Services have requirements that can only be met using the particular characteristics of certain Transponders.
  3. Each Optus Satellite Service:

(a)is designated as either a Level 1 Service or a Level 2 Service; and

(b)has a Priority Date,

which together will be used in accordance with this paragraph 14 to determine how Optus Satellite Services which fail to meet their Key Performance Indicators will be restored.

14.3If two or more Level 1 Services or Level 2 Services have the same Priority Date, Optus will determine (in its absolute discretion) the priority as between those Optus Satellite Services.

14.4If one or more Optus Satellite Service fails to meet its or their Key Performance Indicators (each an Affected Service) other than during any period in which Maintenance is being conducted then, subject to paragraph 14.6:

(a)Optus must analyse and attempt to determine the cause of the failure;

(b)once Optus has determined the cause of the failure, Optus must use reasonable endeavours to restore that Affected Service and (if Optus is unable to do so through the use of redundant equipment) in accordance with the following principles:

(i)Optus Satellite Services which can be restored will be restored on Transponders which Optus determines have suitable characteristics;

(ii)where practicable, Optus will aim to restore an Affected Service on a Transponder:

(A)at the same orbit location as the Transponder on which the Affected Service was previously provided; and

(B)with suitable characteristics as determined by Optus,

and Transponder capacity will only be considered to be available for restoration purposes if Optus determines that it has suitable characteristics (and in determining whether a Transponder has suitable characteristics, Optus may have regard to its contractual obligations relating to Optus Satellite Services which are or may be carried on that Transponder);

(iii)Level 1 Services which are Affected Services (Affected Level 1 Services) will be restored in preference to Level 2 Services which are Affected Services (Affected Level 2 Services) and Occasional Services;

(iv)no operational Level 1 Service will be discontinued (other than as contemplated by paragraph 14.5) to restore any Affected Service;

(v)Affected Level 1 Services will be restored through the use of any spare Transponder capacity until that capacity is exhausted and then through the direct or indirect displacement of Level 2 Services based on reverse Priority Date Order;

(vi)if there is insufficient Transponder capacity to restore all Affected Level 1 Services in accordance with paragraph 14.4(b)(v), Affected Level 1 Services will be discontinued based on reverse Priority Date Order;

(vii)no operational Level 2 Service will be discontinued (other than as contemplated by paragraph 14.5) to restore any Affected Level 2 Service (except where that is the ultimate result of the restoration of an Affected Level 1 Service);